NEW YORK (PRWEB) August 09, 2021
Sanchez & Polovetsky, PLLC, (http://www.spnylaw.com) a midtown Manhattan law firm focusing its practice in eminent domain law, is pleased to announce that it has obtained an approximately Six Million Dollar ($6 Million) increase in the eminent domain award (over and above the amounts initially offered to its clients by the City of New York), upon the settlement of the case captioned as: In the Matter of the Application of THE CITY OF NEW YORK, Petitioner, To Acquire by Exercise of its Powers of Eminent Domain Title to an Estate for a Term of Eight Years in Certain Real Property Known as Tax Block 425, Lot 1, Located in the Borough of Brooklyn, Required for the COMBINED SEWER OVERFLOW CONTROL FACILITY – GOWANUS CANAL SUPERFUND REMEDIATION; PHASE II (NYS Supreme Court, Kings County) (Index No. 511264/2018) (Saitta, J).
As per the Court filings, on October 31, 2018, the City of New York acquired title to the property known as 270 Nevins Street, Brooklyn, NY (the ‘property”), for a term of eight years. The City acquired the property for use as a staging area for the construction and installation of a facility that would reduce the discharge of combined sewer overflows into the Gowanus Canal. In addition to acquiring an estate for a term of eight years in that property, the City also permanently acquired and intended to demolish the building standing on the property.
According to both Court documents and the attorneys at Sanchez & Polovetsky, the condemnees in this case had owned the Gowanus property, which has also been designated as a Superfund Remediation site, for many generations. After the condemnee’s own negotiations with the City failed to produce an acceptable result, they hired the eminent domain team at Sanchez & Polovetsky to fight for their rights.
As shown by the Court documents, Sanchez & Polovetsky filed a claim on behalf of its clients after the October 2018 taking. After almost three years of Court appearances, appraisal reviews, intense negotiations and conferences, the firm was finally able to obtain a favorable settlement on behalf of the client, thereby avoiding a lengthy and costly trial.
The terms of the settlement were published on April 20, 2021 as a matter of public record under the ORDER, JUDGMENT, AND FINAL DECREE, In the Matter of the Application of THE CITY OF NEW YORK, Petitioner, To Acquire by Exercise of its Powers of Eminent Domain Title to an Estate for a Term of Eight Years in Certain Real Property Known as Tax Block 425, Lot 1, Located in the Borough of Brooklyn, Required for the COMBINED SEWER OVERFLOW CONTROL FACILITY – GOWANUS CANAL SUPERFUND REMEDIATION; PHASE II (NYS Supreme Court, Kings County) (Index No. 511264/2018) (Saitta, J).
Attorneys at the firm have confirmed that the final amount of eminent domain settlement (which paid in July of 2021), was approximately $6 million over the initial eminent domain award.
“This particular taking was unique, as it involved a temporary acquisition for a term of eight (8) years (starting from October 31, 2018), after which the City must return the property back to the condemnees. This property will be returned to its private owners without the building on it, since the City intended to demolish that as part of this taking. Needless to say, the valuation for this type of taking was extremely complex. However, and despite the current challenges of the pandemic, we were able to secure a positive outcome for our client. No matter what the circumstances, we are dedicated to ensuring that eminent domain does not hurt our client,” says Jennifer Polovetsky, a Partner at Sanchez & Polovetsky, PLLC.
“We know that eminent domain can be a stressful and overwhelming process for a property owner. Oftentimes they feel lost and threatened. We pride ourselves on obtaining successful outcomes for all of our clients, whether they be major property holders or small business owners with a trade fixture claim. Due to our expertise in this area of the law, we are able to lower stress levels and earn the trust of clients--this way, they can run their business and we can prosecute their eminent domain claims,” says Philip Sanchez, Partner at Sanchez & Polovetsky, PLLC.
ABOUT SANCHEZ & POLOVETSKY, PLLC
Sanchez & Polovetsky, PLLC is a midtown Manhattan based law firm, with offices at which focuses its practice in eminent domain law. The attorneys at the firm have over four (4) decades of combined legal experience in both the public and private sectors, and have been named to the prestigious Super Lawyers List (representing the top 5% of lawyers in their State) for the past seven (7) years in a row.
Jennifer Polovetsky, Esq. started her career as an attorney at the New York City Law Department in 2000, before entering private practice in 2003. She is the firm's founding Member and a seasoned litigator with extensive experience in all aspects of Eminent Domain Law and Real Estate Law.
Philip A. Sanchez, Esq., became a Member of the firm in 2012, and is in his twenty-first year of practice. Philip obtained his legal experience in both the public and private sectors, with a focus on Eminent Domain Law.